Dennis Hahn

Cadence Valley LLC

5086 Riverside Dr S

Salem, OR 97306

dennis.hahn@mac.com 

858.603.2164 (cell) 

 18 April 2015

 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140

1200 New Jersey Ave., SE Washington, DC 20590 

Re: Exemption Request Under Section 333 of the Federal Aviation Administration 

Modernization and Reform Act of 2012 

Dear Exemption Manager:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

I hereby submit this application for an exemption from the Federal Aviation Regulations (FARs) 

identified within this request to allow commercial operations of small unmanned aerial vehicles, 

so long as the operations are conducted within and under the conditions described below or as 

may be established by the FAA as required by Section 333.

This requested exemption would permit my company, Cadence Valley, to operate small, 

unmanned aerial vehicles, commonly referred to as sUAS, under controlled conditions in the 

national airspace. Operations would be conducted using the 3D Robotics IRIS+ in accordance 

with aircraft operating procedures described in the IRIS+ Operation Manual and the IRIS+ flight 

checklist, both of which are attached herein. 

TYPE OF OPERATIONS 

The limited, predetermined operations would focus on the following: 

 (a) Video filming by air and photographing for public and private purposes, including: 

television, cinematography, advertising, promotions, public or news mass events. 

(b) Video filming by air and photographing to support professional operations in 

engineering, land surveying, architecture, real estate and other related professional 

activities. 

(c) Inspections by air of agricultural areas. 

(d) Inspections by air of infrastructure such as bridges, highways, electrical installations, 

dams, aqueducts, photovoltaic power stations, wind farms and pipes. These inspections 

will only be done under contract with property and facility owners or with applicable 
local government authority. 

(e) Inspection by air of land and residential, commercial and industrial structures, only 

under contract with the owners or with applicable local government authority. 

(f) Inspections by air to detect sources of pollution and gas emissions, under contract with 

the owners in the area or with applicable local government authority. 

(g) Inspections conducted specifically to support search and rescue operations and 

reconnaissance in cases of need, emergency or natural disasters and only when 

government authorities have requested it by contract or donation. 

(h) Operations conducted for the purpose of training to persons, private and public 

entities interested in the safe use of UASs, for purposes of enhancing the skills and safety 

controls that make the NAS safer and for the protection of persons and property. 

PUBLIC BENEFITS

Environmental and quality of life benefits: The IRIS+ is a relatively inexpensive sUAS that 

operates on rechargeable batteries. The sUAS is able to collect data and images previously only 

available through the operation of aircraft using fossil fuels, the use of which includes 

concomitant effects such as greenhouse gas emissions and loud engine noises that are often 

perceived as louder in rural areas. The targeted nature of sUAS operations can help to reduce 

flights over private landowners’ homes. 

Economic benefits: The operations described above provide competitive advantages to 

agricultural, real estate, engineering and other industries by offering aerial inspections that are 

high-quality, highly-controlled, more reliable, and accessible in real-time. Further, these 

operations are less costly, and would be available to businesses, including small businesses and 

individual farmers, that heretofore would have had to pursue more expensive alternatives or go 

without these types of services. For governments, being able to conduct activities critical to 

public safety using a more streamlined and less costly alternative frees up money in increasingly 

strapped public sector budgets for other services. 

Public safety and safety of the national airspace benefits: sUAS operations provide an 

obvious benefit to both those in need and those participating, on either a paid or volunteer basis, 

in search and rescue efforts. The portability and responsiveness of sUASs can provide necessary 

information quickly and efficiently during emergency situations. Training by professional pilots 

related to the safe operation of sUASs benefits individual operators seeking a pathway for 

professional, targeted education and is critical to the safe integration of UASs into the national 

airspace. Finally, this potential exemption supports the broader national goal of establishing 

requirements for the safe operation of sUAS in the national airspace. A grant exemption would 

support a broader review of the types of aircrafts that can operate in the national airspace safely, 

which is a necessary step for rulemaking required under Section 333 of the FAA Modernization 

and Reform Act of 2012.
PIC BACKGROUND 

In addition to my experience serving as the pilot-in-command of the sUAS described above, I am 

a military and FAA-rated civilian pilot: Commercial and Instrument Rated in Single Engine 

Fixed Wing and Rotary Wing Aircraft, Helicopter Airline Transport Pilot (ATP) and Certified 

Flight Instrument Instructor (CFI & CFII). I also hold and receive an annual medical flight “UpChit” from the U.S. Marine Corps and 2nd class or greater FAA medical certificate. 

My aviation background means that I prioritize safe aircraft operations above all else. I am 

conditioned to following pre-flight inspections and maintenance and repair procedures. If this 

exemption is approved, I understand I would be responsible for maintaining and inspecting the 

IRIS+ to ensure it is ready for safe operation and following all manufacturer safety bulletins. 

ADDITIONAL LEVEL OF SAFETY 

Further, if this exemption is granted, I would adhere at the very least to the following limitations 

and conditions: 

- Operations conducted at an altitude of no more than 400’ AGL.

- Operations conducted using an sUAS weighing less than 55 lbs. 

- Operations conducted within visual line of sight of the PIC.

- Operations conducted in conjunction with a safety observer who provides visual 

observations and is within communicable distance with the PIC at all times. 

- Operations conducted during daylight hours under visual meteorological conditions 

(VMC).

- No operations conducted within 5 nautical miles of an airport, unless prior approval has 

been granted from the appropriate airport and ATC facilities. 

- Operations conducted only after a weather assessment considering current and forecasted 

conditions is completed to ensure the sUAS can be operated within its limitations and 

provide enough power to ensure a 5 minute reserve. 

- All sUAS flights that occur over private or controlled access property will do so with the 

property owner's prior consent and knowledge. 

EXEMPTIONS AND SAFETY 

To build on the above, I seek exemption from the following FAA regulations: part 21, subpart H; 

and Sections 45.23, 45.29, 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 

91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code 

of Federal Regulations (14 CFR).

14 CFR Part 21, Airworthiness Certificates.
This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for sUAS, I request an experimental 

certificate be issued for the IRIS+ under either or both of the following provisions: 

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance 

of type and supplemental type certificates, flights to substantiate major design changes, and 

flights to show compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training, I would expect that an experimental certificate 

would permit my proposed commercial purposes as well. The aircraft will not carry persons or 

property, will not carry fuel, and will only fly under strict operational requirements. Combined 

with the sUASs’ light weight, I propose that the sUAS will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then I request an exemption of 14 

CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing 

the equivalent level of safety outlined above. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAS does not have an entrance in which the word "EXPERIMENTAL" can be 

placed, and may not have a registration number assigned to it by the FAA. I propose to achieve 

an equivalent level of safety by including the word "EXPERIMENTAL" or FAA approved “N” 

number on a placard on the top of the aircraft where the PIC, VO and others in the vicinity of the 

aircraft while it is preparing for launch will be able to see the designation. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. 

I requests relief from this regulation on the basis that there is no FAA regulatory standard for determining the airworthiness of a UAS. The PIC will conduct preflight mission and maintenance 

inspection of UAS prior to any flight. Flights will be terminated and maintenance action initiated 

to troubleshoot and repair the sUAS if the PIC decides at any time the sUAS in not in a safe for 

flight condition. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. I assume that the intent of this requirement is to ensure that flight 
manual information is available to the aircrew while operating the aircraft. I request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To achieve an 

equivalent level of safety and meet the intent of 91.9, I propose that a current, approved sUAS 

Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight. 

14 CFR 91.103(b) Runway lengths at airports of intended use. 

I request relief from this regulation due to the nature of operating an sUAS. Runways will not be 

used. The PIC will conduct preflight planning using current satellite imagery such as “Google 

Earth” and current VFR Sectionals for the area and routing to be flown. PIC will also do a “walk 

through” of the area to be flown to verify obstacles and hazards that may exist. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states, "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The sUAS ground-based 

control station consists of a small hand-held radio transmitter and while it does not offer a second 

set of "controls," both the student and instructor can, and will, operate the single set of controls 

simultaneously. With both student and instructor having "hands-on" the controls during flight, 

this technique meets the intent 91.109 and provides an equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since one typical mission of the sUAS 

would be photography or survey of persons, vessels, vehicles or structures, it would be necessary 

to operate closer than 500 feet to the items listed. Operations will only be flown over property or 

persons where permission has been obtained and careful pre-planned has been performed. The 

aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface. I respectfully submit that due to the 

small size of the sUAS, the hazard to persons, vehicles and structures is minimal compared to 

manned aircraft, which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft. I requests relief from this regulation due to the 

UAS’s ability to use barometric and GPS derived altitude. AGL altitude will be used and sUAS 

will remain below 400’ AGL at all times. An Above Ground Level altimeter measurement above 

the takeoff point is transmitted via radio from the sUAS on-board computer to the display screen 

held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 
I request relief from this regulation due to the UAS’s ability to only fly for 20-25 minutes with 

available battery life. I will not begin a flight unless (considering wind and forecast weather conditions) there is enough power for the UAS to conduct the intended flight and to operate after 

that for at least 5 minutes. Along with the “Return to Home” safety feature (which will automatically return the UAS to a predetermined safety landing area, we believe this will satisfy the “intent” of the regulation. The risk of fuel starvation (or total battery discharge) will be mitigated. 

The UAS also has warning displays to indicate battery “life”. I will only operate during day time 

hours (the hours between official sunrise and sunset) and only in VFR conditions as defined in 

FAR Part 91. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned to 

the aircraft and a registration certificate, must be aboard the aircraft. Additionally, subparagraph 

(b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so 

that it is legible to passengers or crew." The IRIS+ is too small to carry documentation, does not 

have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level 

of safety and meet the intent of 91.203, I propose that documents deemed appropriate for this 

aircraft by the FAA will be co-located with the crew at the ground control station and available 

for inspection upon request. 

14 CFR Subpart E (91.401- 91.417) - Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. As previously stated, the PIC will perform maintenance 

and inspection of the aircraft. The PIC will ensure that the aircraft is in an airworthy condition 

prior to every flight and conduct detailed inspections after every two hours of flight. 

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, 

checking electrical connections and updating software and firmware for the on-board computer. 

All other maintenance will be performed by the manufacturer or its designated repair facility. 

The PIC will document work performed in accordance with 91.417. I feel that due to the size, 

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

Thank you for your consideration of this application. This exemption request is similar in scope 

to previously approved Grants of Exemption Nos. 11062, 11109, 1112, and 11213, and the 

information provided is intended to satisfy the requirements laid out by the FAA. I welcome any 

questions or requests for additional information to help expedite this exemption request. 

Respectfully, 

Dennis Hahn